Mike Cernovich shares his thoughts on law, politics, current affairs, and GamerGate.

The Supreme Court will soon hear oral arguments in Pottawattamie County v. McGhee. In McGhee, the issue is this: Should prosecutors who fabricate evidence, leading to a wrongful conviction, be absolutely immune from suit? Absolute immunity from suit means that a wrongfully convicted person may not sue - at all or under any circumstances.

If the allegations here are true, petitioners engaged in prosecutorial misconduct of an execrable sort, involv ing a complete breach of the public trust. But absolute immunity reflects a policy judgment that such conduct is properly addressed not through civil liability, but through a host of other deterrents and punishments, including judicial oversight of criminal trials, and criminal and professional disciplinary proceedings against prosecutors.

How many prosecutors ever face criminal prosecution for misconduct? The Department of Justice would clearly have this data. Other than Mike Nifong, has any prosecutor in recent memory been prosecuted for misconduct? What about "professional disciplinary proceedings"?

At least unethical prosecutors, according to DOJ, get disbarred or fired. That, too, is a false claim.

Research identified 347 of the prosecutors and 30 of them were found to have committed misconduct more than once. Two of them actually did it three times. So what happened to them? In only one case was there a sanction - the prosecutor was disciplined by the State Bar.

Drexel also raised hackles in the law enforcement community by going after several well-known prosecutors for misconduct, including Santa Clara County prosecutor Benjamin Field. Accused of offenses including withholding exculpatory evidence, which Field's supporters were quick to point out involved cases more than a decade old, Field ended up having his license suspended for four years.

Instead of being given an award from ethical prosecutors, Drexel "raised hackles." Prosecutors, like every other organized guild, seeks self-protection and self-promotion. Prosecutors are not interested in uprooting unethical prosecutors from their offices.

The Department of Justice itself does not take prosecutorial misconduct seriously. State Bar Associations do not punish prosecutorial misconduct. Lawyers who fight misconduct lose their jobs.

Thus, the only remedy available to a wrongfully-convicted citizen is a civil rights lawsuit. The Department of Justice's assertions in its amicus brief ignore the reality of prosecutorial misconduct. Accordingly, its reasoning must be rejected, and absolute immunity must be denied.

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Pottawattamie County v. McGhee: DOJ's Amicus Brief

The Supreme Court will soon hear oral arguments in Pottawattamie County v. McGhee. In McGhee, the issue is this: Should prosecutors who fabricate evidence, leading to a wrongful conviction, be absolutely immune from suit? Absolute immunity from suit means that a wrongfully convicted person may not sue - at all or under any circumstances.

If the allegations here are true, petitioners engaged in prosecutorial misconduct of an execrable sort, involv ing a complete breach of the public trust. But absolute immunity reflects a policy judgment that such conduct is properly addressed not through civil liability, but through a host of other deterrents and punishments, including judicial oversight of criminal trials, and criminal and professional disciplinary proceedings against prosecutors.

How many prosecutors ever face criminal prosecution for misconduct? The Department of Justice would clearly have this data. Other than Mike Nifong, has any prosecutor in recent memory been prosecuted for misconduct? What about "professional disciplinary proceedings"?

At least unethical prosecutors, according to DOJ, get disbarred or fired. That, too, is a false claim.

Research identified 347 of the prosecutors and 30 of them were found to have committed misconduct more than once. Two of them actually did it three times. So what happened to them? In only one case was there a sanction - the prosecutor was disciplined by the State Bar.

Drexel also raised hackles in the law enforcement community by going after several well-known prosecutors for misconduct, including Santa Clara County prosecutor Benjamin Field. Accused of offenses including withholding exculpatory evidence, which Field's supporters were quick to point out involved cases more than a decade old, Field ended up having his license suspended for four years.

Instead of being given an award from ethical prosecutors, Drexel "raised hackles." Prosecutors, like every other organized guild, seeks self-protection and self-promotion. Prosecutors are not interested in uprooting unethical prosecutors from their offices.

The Department of Justice itself does not take prosecutorial misconduct seriously. State Bar Associations do not punish prosecutorial misconduct. Lawyers who fight misconduct lose their jobs.

Thus, the only remedy available to a wrongfully-convicted citizen is a civil rights lawsuit. The Department of Justice's assertions in its amicus brief ignore the reality of prosecutorial misconduct. Accordingly, its reasoning must be rejected, and absolute immunity must be denied.